Overstayed with your Australia visa? No need to panic!
Based on your circumstances, you might be able to continue your stay in Australia on a new visa. This post will map out the possible pathways available to you when your Australian Visa has expired.
No matter what your present circumstances are, we strongly suggest you consult an immigration lawyer before reporting about your visa expiration to Department of Home Affairs. With the support of an immigration lawyer, it is possible to discuss various available visa options. This would help you fetch information that can be privileged to adequate use.
Contrary to this, if you’re present yourself straightaway to the Department of Home Affairs without seeking the advice of an immigration lawyer, you would be instructed to go away from the country at once. In this case, you would be offered a short temporary BE or Bridging Visa E that gives you enough time to make necessary travel arrangements.
If you wish to stay more in Australia, make sure you have a proper plan to stay before you consult the Department of Home Affairs.
Assessing the Situation
There are 3 prominent factors affecting the route of visa options available to you at once when your visa has expired. It is because, under this situation, your visa becomes unlawful. These three factors are:
- Total time for which your visa has elapsed
In case your visa has expired in the past 28 days, then there are numerous options available to you. There is a 28 day grace period offered by the Department of Home Affairs. During this time you can apply for another kind of visa without getting subject to 3 year exclusion period. The exclusion period restricts you from applying to another or same type of Australia visa for 3 years once you’ve left the country.
- Whether you have applied for another visa, and it has been refused or not
Another condition is when you have been refused for a further visa, or your visa application has been cancelled. Visa expiration makes your stay unlawful in Australia. In this situation, if you’ve already applied for Australia visa, but your application has been refused, you are then subject to Section 48bar.
According to Section 48bars of Migration Act 1958, applications which have been canceled or refused from applying for a new visa in Australia are deemed to leave the country, unless their application is categorized as an exception in Regulation 2.12. Some of the visas that are excepted under this section are child visas, partner visas, protection visas, and a few forms of temporary and specific visa types.
- Whether your visa holds a ‘no further stay’ clause or not
There are a few visas that are permitted with a clause 8503, which is ‘no further stay.’ If your visa has a similar clause and the visa has expired, it can be waived from the department before you lodge an application for a new visa. Waivers are offered only in limited circumstances.
BVE or Bridging Visa E
No matter which pathway you take, when you present yourself to the Department of Home Affairs, you would be provided BE or Bridging Visa E for your remaining stay in Australia. In such circumstances, the Department would detain you.
- Time Duration
BVE is only a short-term, temporary visa that is issued in order to offer you enough time to make necessary arrangements to leave the country till immigration is resolved. Such form of bridging visa usually comes with a short expiry date and remains valid for 35 days after the decision is made on the visa application. Having this visa in hand will not let you stay for long in the country.
- Your Rights Regarding Bridging Visa E
Whether you work on BVE depends totally on your circumstances. Might be you are able to apply for work right on the visa if you have enough compelling reasons. With this visa, you cannot even travel and even cannot apply to travel. Once you leave the country on be, the exclusion ban prevents you from applying for a practical visa for a period of 3 years.
Looking at Other Options
Some of the options available to you are:
- Filing an Application for a New Visa
You can extend your stay in Australia by applying for other substantive visas. Immigration officers are not able to offer you with proper visa advice, and once you are unlawful, we do not suggest you negotiate with the visa application system. It is because your matter would then become more complex.
In this case, the finest solution is to consult an immigration lawyer and discuss the possible options.
- When You Leave the Country
Once your visa expires, and you have made necessary travel arrangements to leave the country, you would not be detained at the airport. But in this case, immigration officers would speak to you prior your departure.
If you don’t have enough money to purchase travel tickets, the Department of Home Affairs would expect to make necessary arrangements to pay the ticket. This can be asking the assistance of your friends or family.
- Unlawful Stay in the Country
This is not a legal option, and we strongly suggest you to avoid taking any such measure. If you do this, then you would fall into a serious issue afterwards.
When your Australian Visa expires, and you wish to stay in the country, you do have proper legal options. The overall situation is stressful but seeking appropriate assistance can help you overcome the problem with ease.
We can help you come out of this situation. So contact us as we can help you resolve this situation completely.